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AS and A Level: Machinery of Justice
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- Marked by Teachers essays 9
Alternative Dispute Resolution (ADR) is the name given to the process where parties in a dispute come to a compromise (or settle their dispute) without going to court.5 star(s)
Mediation is most suitable where there is some chance that the parties will co-operate. such a in family disputes. Mediation is not legally binding on the parties. Conciliation is similar to mediation where a neutral third party helps the parties to resolve their dispute, however, the conciliator plays a more active role in the process. S/he will be expected to suggest ways in which a compromise could be reached. Conciliation is not legally binding on the parties. Arbitration is the most formal of the methods used to settle disputes without using the courts. Arbitration is where the parties with a disagreement pass their dispute to a third party, who will make a judgment on their behalf.
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In terms of fines, magistrates' courts are limited to �5000 while crown courts can impose unlimited fines. There are four theories of punishment which form the overarching principles of sentencing as stated in the CJA 2003. They are retribution, rehabilitation, deterrence and prevention. These four 'classical principles' of sentencing were explicitly mentioned in the Court of Appeal case of R v Sargeant where a nightclub bouncer caused an affray and was sentenced a harsher punishment than normal in the name of protection of the public against the violent propensities of the accused. The age of the offender plays a large part in the range of sentences available to the courts.
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Furthermore, headings, side notes and punctuation are important as it may help the judges clarify some points of the whole Act. Preambles can also be important when considering the wording etc within an Act as they will generalise the mischief to be amended and the scope of it. Extrinsic Aids, on the other hand, deal with external matters, outside of the legislation, to help explain the meaning and purpose of the Act. External Sources can include dictionaries and other literary resources for example textbooks, to define the many meanings of statutory words and gain an insight of which meaning was meant to be incorporated into the Act.
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Bail. Under S.4 of the Bail Act 1976 there is a presumption that un convicted suspects will be given bail. This ties in with the fact that everyone is innocent until proven guilty3 star(s)
The Act which makes the decision on bail is the need to protect the public Vs all suspects are innocent until proven guilty. Under S.4 of the Bail Act 1976 there is a presumption that un convicted suspects will be given bail. This ties in with the fact that everyone is innocent until proven guilty. However, the general public have the right to be protected from criminals. This means that the criminal justice system must balance this against the freedoms of individuals.
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First it may be argued that the offences are poorly defined. There is still no clear statutory definition of assault and battery. Nevertheless the sentencing guidelines are found under s39 of the Criminal Justice Act 1988. Therefore with regards to assault and battery, it is confusing as one does not know how and where specific information is allocated. Thus being time consuming. Additionally while the definitions of the more serious offences are contained in an Act passed (OAPA 1861) well over 150 years ago, much of the vocabulary is antiquated, seriously out of date and even misleading, such as 'assault' in s.
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where the father Mr.Saloman was distinguished as a separate legal entity from its shareholders, which in turn means Mr Saloman was deemed only to liable for himself, and its shareholder were all individually liable for themselves. Adams v Cape industries Plc3 confirmed the decision is saloman on application of the law in a group enterprise. Corporate personality refers to a person's rights and obligations they have in a company identified in the Companies Act 2006 which states the effect of registration.
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The Bail Act 1976 gives a general right to bail, no matter how serious the offence. the 2003 criminal justice act amended this which restricted rights to adults who tested positive for class a drugs and refuse to be assessed or refused to participate in t
but the underlying doctrine is clear -unnecessary resort to custody is legally wrong as it is morally offensive. However there are three principles which should guide decision makers in their treatment of defendants waiting trial. these are that unconvinced persons should be presumed to be innocent and treated accordingly. the public has a right to be protected against individuals who could pose a threat and justice delayed is justice denied. Under s.4 of the bail act 1976 there is a presumption that unconvinced suspects will be given bail. this ties in with the fact that everyone is innocent until proven guilty .however the general public have a right to be protected from criminals .This means that the criminal
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Evaluate the impact that government policies on war and terrorism have on UK law, the armed forces and society.
Thousands of Afghani civilians have lost their homes, many more killed. The existing poverty throughout their country has increased dramatically with the outbreak of war, with food and water shortages threatening their survival. Many have become refugees, fleeing into neighbouring Pakistan, among other countries, to escape the conflict and seek asylum, the majority of who are merely held in detention. On the other hand, however, the 'War on Terror' succeeded in a short period of time in removing the regime that had been sponsoring the terrorist organisation al-Qaeda that had subjected the Afghan people to six years of oppression, particularly of women.
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Trial by jury is more than an instrument of justice and more than one wheel of the constitution; it is the lamp that shows that freedom lives. More than 50 years later, is this statement still applicable? Should the jury system be abolished?
Since then, the critics have raised up few arguments so to support her statement. One of the arguments is the perverse decision made by the jury. It was claimed by the critics that in some clear cut cases, the juries choose to acquit the defendant though the evidence prove otherwise. More to say it was because they make the decision based on their own conscience rather than examine the evidence. This was seen in the case of R v Randle and Pottle, where defendants were charged with helping the spy George Blake to escape from the prison.
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One method a judge can use to interpret the factitious statue is using three rules which are Literal rule, Golden rule and Mischief rule. Under the literal rule, the rules of the statue have to follow even if they are unreasonable as they are in the Dange
In this case a railway worker was killed by a train and his widow attempted to claim damages. The relevant statue provided that this was available to employees killed while engaging in 'relaying or repairing' tracks; the dead man had been doing routine maintenance and oiling which the court held did not come within the meaning of 'relaying and repairing'. The Golden rule is used if the literal rule gives an absurd result. Advantages of this rule is it prevents absurdity and injustice caused by the literal rule and it also helps the courts put into practice what Parliament really meant, a disadvantage of it noted by the Law Commission is, there is no clear meaning of what an 'absurd result' is.
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Law and Morality. Within the justice system there is a genuine relationship between law and morals, and it is an issue of debate within law. Laws are generally viewed as moral as if they were immoral there would be an anarchy.
and compensation. Through legal rules the state is able to control society, maintain social order and administering justice. Some laws are not morally obvious, for instance speeding and parking tickets. They have an underlying morality for instance to allow immediate access to hospitals and the underlying morality that speeding may kill. However, there tends to be a huge overlap between them both. Much law is based on religious principles, for instance the 10 commandments - "thou shalt not kill" which is found in the common law offence of murder and "thou shall love thy neighbour" found in the basic principles of negligence (Donoghue v Stevenson).
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Law and Fault. The fundamental principle of English law is that there is no liability without fault. In this case, there are many definitions of fault; it is an expression that may be used to describe legal responsibility for a wrongful act.
Intention meaning that they desired the outcome (they chose to bring about the prohibited circumstances) as illustrated in Mohan, or that the outcome was virtually certain (having achieved the outcome, it could have been foreseen) as seen in the case of Woollin. Another example is murder, a serious homicide offence which has a mandatory life sentence if the defendant is found guilty. For murder, the defendant must have an intention to kill or to cause grievous bodily harm to be at fault. The principle that there is no liability without fault can be demonstrated in criminal law through the use of defences available to a defendant accused of a crime.
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The European Court of Justice ensures that European law is applied throughout the member states. The courts job is to supervise the uniform application of EU law throughout the member states.
If lawyers are seeking precedents, they often turn to the Advocates Generals and use their opinions. The majority of cases heard by the ECJ are brought by member states and institutions of the European Union, or are referred to it by national courts. It has limited power to handle cases brought individual citizens and such cases are rarely heard. The Court has two separate roles. The first one is the judicial role. This is when the European of Justice hears cases between parties, which fall into two categories; proceedings against member states and proceedings against European institutions.
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Demonstrate your understanding of both the UK civil and criminal court systems and their hierarchical structures.
An action has to be taken were the courts will settle the differences. For example, if someone steals your car, you have been wronged and can sue in civil court for compensation. However, society has also been wronged, and the state will prosecute the person for harming. On the other hand, if someone defames you, you have been personally wronged, but society has not been. In this case, you can sue to be compensated for the defamation in civil court, but the state cannot prosecute in criminal court. There are two characteristics each respective judge, jury or magistrate must take into account depending on the type of case.
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As well, under the Crimes Amendment (Apprehended Violence) Act 1999 (NSW), which amended the Crimes Act 1900 (NSW), Apprehended Personal Violence Orders (APVOs) were brought in to protect people, including children, from abuse in a non-domestic environment as well a domestic one. If these orders are broken, the perpetrator can be charged under the Crimes Act 1900 (NSW) with a maximum penalty of $5500 and/or minimum two year imprisonment. This reflects the changing needs of society to provide harsher punishments to child abusers. Also, under the Commission for Children and Young People Act 1998 (NSW) and Child Protection (Prohibited Employment)
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I intend to examine the structure of the UK's constitution and explore some of its more controversial characteristics. Despite the UK not having its constitution set out in writing, the majority of its rules are in fact written down in. These incorporate statute law, common law and various treaties including some parts of European law. Another set of rules are conventional rules which, although being non-legal rules, are considered binding. The different constitutional conventions of the UK constitution comprise it's ideology and although they may be recognised as habitual practices and cannot be lawfully enforced, they obtain an obligatory force
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However, taking the example of murder, this can be considered to be unfair. In the recent cases concerning 'mothers who kill', which as been described as a 'modern day witch hunt', all convicted must receive the mandatory life sentence, which the judge reluctantly gave to Angela Cannings. This "witch hunt" has also seen the reversal of the burden of proof, and evidence given by only one witness. 'Meadow's Law' was unjust and had no bearing with scientific evidence but it was relied on by the law.
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Trial courts, magistrates cpurts, county courts and High Courts are not bound by their own decision. But the Divisional court of the high court is bound by its own decisions in the same way as the COA. In Young v Bristol Aeroplane Co ltd the coa set out the rule that it is bound by uts own decisions except when they conflict, in which they can choose which to follow, or the earlier decision has been overruled by the HOL, or it was reached per incuriam, that is a binding precedent was overlooked.
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his judges of the Curia Regis, the central court out on circuit to administer justice and unify the law of the land. The judges acknowledged local customs and applied them in settling cases. The common law tradition then on developed as a living, organic system. Students of law learnt it through apprenticeship at one of the Inns of Court in London. The language and processes were learnt through practice and experience. With the declaratory theory and the notion of judges being 'oracles of the law' either as a subterfuge or misconception, the judges made the common law.
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Despite this, the conditional fee arrangements cost the state nothing, as the costs are entirely borne by the solicitor or the losing party, depending on the outcome. There is also a wider access to justice as the CFAs allow many people to bring or defend cases who would not have been able to afford bringing cases at their own expense; now anyone will be able to bring or defend a case for damages. Furthermore, conditional fees encourage solicitors to perform better, since they have a financial interest in winning cases funded this way.
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Examine the relationship between law and morals. Consider the extent to which the law should promote moral values.
Civil law can set out conditions for things we may wish to do but are not compelled to do such as marriage. Developing the idea of law, Professor Dworkin suggested that law contains not only rules but a set of legal principles on which all laws are based (yet could these 'principles' have moral foundations?) Rules operate on an all or nothing matter whereas the legal principles will act as guidelines, not dictating the outcome and allowing for varying circumstances.
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The Queen as the embodiment of the Crown also possess legal powers e.g. The Crown is not bound by express words in a statute, and also, no court order can be enforced by the Crown. The RP is a real source of legislative power with an obvious potential for abuse. There is no exhaustive list, however, having completed its inquiry into the RP, the PAC stated various RP powers exercised by ministers in relation to foreign affairs; The making of treaties, The declaration of war, The deployment of armed forces overseas, the recognition with foreign states and the reception of diplomats.
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'Juries are anti-democratic, irrational and haphazard.' To what extent do you think that this is an accurate description of the selection and role of the jury?
The jury is selected at random from the electoral register to provide a cross-section of the population. There is further selection at the court itself using cards to choose 12 jurors at random from a pool of possible jury members. Before a citizen can be selected as a member of a jury, they must be listed on the electoral roll be at least eighteen years old, have lived in the UK for five years. Barristers and solicitors on the other hand are disqualified as well as police officers and prisoners \Considereing the roles of the jury, a jury must listen to the more serious cases dealt with by the criminal justice system.
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legal relations, it was merely a domestic arrangement between the married couple and so it was ruled that there was no legally binding contract. However, the more recent case (Merritt v Merritt) was successful because the court held that the two cases were sufficiently different, although the parties were husband and wife, they had seperated before the agreement had been made. Also, the agreement was in fact in writing.
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It is important to realise that what is said in mediation can't be used in Courts later (if a party finally decides to bring the case to the Courts), unless both parties agree: mediation meetings are said to be "without prejudice". An agreement made in mediation is usually unenforceable unless it is evidenced in writing and signed (as it will be considered as a contract). Both parties can also agree to ask the Court to turn their mediation agreement into a Court order, which will then be legally binding. In both cases, the decision can't be reviewed by a Court.
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